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PRAY v. WHITESKUNK

No. 25824.

801 N.W.2d 451 (2011)

2011 S.D. 43

Rose PRAY, Plaintiff and Appellant, v. Willis T. WHITESKUNK, Defendant, and City of Flandreau, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 27, 2011.

Attorney(s) appearing for the Case

John A. Shaeffer of Shaeffer Law Office, Flandreau, South Dakota, Attorneys for plaintiff and appellant.

Gary P. Thimsen , Adam R. Hoier of Woods, Fuller, Shultz & Smith, PC, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] Plaintiff fell and was injured when a Rottweiler broke loose from its owner and dashed across the street toward her. She brought an action for damages against the dog owner and the city. As against the city, she asserted that it knew the dog was dangerous and failed to enforce its vicious animal ordinance. In granting summary judgment for the city, the circuit court ruled that the city owed plaintiff no special duty. We affirm because...

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